Bill Text: FL S1508 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Airport Zoning Law of 1945
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-08 - Chapter No. 2016-209, companion bill(s) passed, see CS/CS/HB 7061 (Ch. 2016-239) [S1508 Detail]
Download: Florida-2016-S1508-Introduced.html
Bill Title: Airport Zoning Law of 1945
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-08 - Chapter No. 2016-209, companion bill(s) passed, see CS/CS/HB 7061 (Ch. 2016-239) [S1508 Detail]
Download: Florida-2016-S1508-Introduced.html
Florida Senate - 2016 SB 1508
By Senator Simpson
18-01090-16 20161508__
1 A bill to be entitled
2 An act relating to airport zoning; amending s. 333.01,
3 F.S.; defining and redefining terms; amending s.
4 333.025, F.S.; revising the requirements relating to
5 permits required for obstructions; requiring certain
6 existing, planned, and proposed facilities to be
7 protected from airport hazards; requiring the local
8 government to provide a copy of a complete permit
9 application to the Department of Transportation’s
10 aviation office, subject to certain requirements;
11 requiring the department to have a specified review
12 period following receipt of such application;
13 providing exemptions from such review under certain
14 circumstances; revising the circumstances under which
15 the department issues or denies a permit; revising the
16 department’s requirements before a permit is issued;
17 revising the circumstances under which the department
18 is prohibited from approving a permit; providing that
19 the denial of a permit is subject to administrative
20 review; amending s. 333.03, F.S.; conforming
21 provisions to changes made by the act; revising the
22 circumstances under which a political subdivision
23 owning or controlling an airport and another political
24 subdivision adopt, administer, and enforce airport
25 protection zoning regulations or create a joint
26 airport protection zoning board; revising the
27 provisions relating to airport protection zoning
28 regulations and joint airport protection zoning
29 boards; requiring the department to be available to
30 provide assistance to political subdivisions regarding
31 federal obstruction standards; deleting provisions
32 relating to certain duties of the department; revising
33 provisions relating to airport land use compatibility
34 zoning regulations; revising construction; providing
35 applicability; amending s. 333.04, F.S.; authorizing
36 certain airport zoning regulations to be incorporated
37 in and made a part of comprehensive plans and
38 policies, rather than a part of comprehensive zoning
39 regulations, under certain circumstances; revising
40 requirements relating to applicability; amending s.
41 333.05, F.S.; revising procedures for adoption of
42 airport zoning regulations; amending s. 333.06, F.S.;
43 revising airport zoning regulation requirements;
44 repealing s. 333.065, F.S., relating to guidelines
45 regarding land use near airports; amending s. 333.07,
46 F.S.; revising requirements relating to local
47 government permitting of airspace obstructions;
48 requiring a person proposing to construct, alter, or
49 allow an airport obstruction to apply for a permit
50 under certain circumstances; revising the
51 circumstances under which a permit is prohibited from
52 being issued; revising the circumstances under which
53 the owner of a nonconforming structure is required to
54 alter such structure to conform to the current airport
55 protection zoning regulations; deleting provisions
56 relating to variances from zoning regulations;
57 requiring a political subdivision or its
58 administrative agency to consider specified criteria
59 in determining whether to issue or deny a permit;
60 revising the requirements for marking and lighting in
61 conformance with certain standards; repealing s.
62 333.08, F.S., relating to appeals of decisions
63 concerning airport zoning regulations; amending s.
64 333.09, F.S.; revising the requirements relating to
65 the administration of airport protection zoning
66 regulations; requiring all airport protection zoning
67 regulations to provide for the administration and
68 enforcement of such regulations by the political
69 subdivision or its administrative agency; requiring a
70 political subdivision adopting airport zoning
71 regulations to provide a permitting process, subject
72 to certain requirements; requiring a zoning board or
73 permitting body to implement the airport zoning
74 regulation permitting and appeals process if such
75 board or body already exists within a political
76 subdivision; authorizing a person, a political
77 subdivision or its administrative agency, or a
78 specified joint zoning board to use the process
79 established for an appeal, subject to certain
80 requirements; repealing s. 333.10, F.S., relating to
81 boards of adjustment provided for by airport zoning
82 regulations; amending s. 333.11, F.S.; revising the
83 requirements relating to judicial review; amending s.
84 333.12, F.S.; revising requirements relating to the
85 acquisition of air rights; amending s. 333.13, F.S.;
86 conforming provisions to changes made by the act;
87 creating s. 333.135, F.S.; requiring conflicting
88 airport zoning regulations in effect on a specified
89 date to be amended to conform to certain requirements;
90 requiring certain political subdivisions to adopt
91 certain airport zoning regulations by a specified
92 date; requiring the department to administer a
93 specified permitting process for certain political
94 subdivisions; repealing s. 333.14, F.S., relating to a
95 short title; providing an effective date.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Section 333.01, Florida Statutes, is amended to
100 read:
101 333.01 Definitions.—As used in For the purpose of this
102 chapter, the term following words, terms, and phrases shall have
103 the meanings herein given, unless otherwise specifically
104 defined, or unless another intention clearly appears, or the
105 context otherwise requires:
106 (1) “Aeronautical study” means a Federal Aviation
107 Administration study, conducted in accordance with the standards
108 of 14 C.F.R. part 77, subpart C, and Federal Aviation
109 Administration policy and guidance, on the effect of proposed
110 construction or alteration upon the operation of air navigation
111 facilities and the safe and efficient use of navigable airspace.
112 (1) “Aeronautics” means transportation by aircraft; the
113 operation, construction, repair, or maintenance of aircraft,
114 aircraft power plants and accessories, including the repair,
115 packing, and maintenance of parachutes; the design,
116 establishment, construction, extension, operation, improvement,
117 repair, or maintenance of airports, restricted landing areas, or
118 other air navigation facilities, and air instruction.
119 (2) “Airport” means any area of land or water designed and
120 set aside for the landing and taking off of aircraft and used
121 utilized or to be used utilized in the interest of the public
122 for such purpose.
123 (3) “Airport hazard” means an obstruction to air navigation
124 which affects the safe and efficient use of navigable airspace
125 or the operation of planned or existing air navigation and
126 communication facilities any structure or tree or use of land
127 which would exceed the federal obstruction standards as
128 contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
129 and which obstructs the airspace required for the flight of
130 aircraft in taking off, maneuvering, or landing or is otherwise
131 hazardous to such taking off, maneuvering, or landing of
132 aircraft and for which no person has previously obtained a
133 permit or variance pursuant to s. 333.025 or s. 333.07.
134 (4) “Airport hazard area” means any area of land or water
135 upon which an airport hazard might be established if not
136 prevented as provided in this chapter.
137 (5) “Airport land use compatibility zoning” means airport
138 zoning regulations governing restricting the use of land on,
139 adjacent to, or in the immediate vicinity of airports in the
140 manner enumerated in s. 333.03(2) to activities and purposes
141 compatible with the continuation of normal airport operations
142 including landing and takeoff of aircraft in order to promote
143 public health, safety, and general welfare.
144 (6) “Airport layout plan” means a set of scaled drawings
145 that provide a graphic representation of the existing and future
146 development plan for the airport and demonstrate the
147 preservation and continuity of safety, utility, and efficiency
148 of the airport detailed, scale engineering drawing, including
149 pertinent dimensions, of an airport’s current and planned
150 facilities, their locations, and runway usage.
151 (7) “Airport master plan” means a comprehensive plan of an
152 airport which typically describes current and future plans for
153 airport development designed to support existing and future
154 aviation demand.
155 (8) “Airport protection zoning regulations” means airport
156 zoning regulations governing airport hazards.
157 (9) “Department” means the Department of Transportation as
158 created under s. 20.23.
159 (10) “Educational facility” means any structure, land, or
160 use that includes a public or private kindergarten through 12th
161 grade school, charter school, magnet school, college campus, or
162 university campus. The term does not include space used for
163 educational purposes within a multi-tenant building.
164 (11) “Landfill” has the same meaning as provided in s.
165 403.703.
166 (12)(7) “Obstruction” means any existing or proposed
167 manmade object or object, of natural growth or terrain, or
168 structure construction or alteration that exceeds violates the
169 federal obstruction standards contained in 14 C.F.R. part 77,
170 subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
171 includes:
172 (a) Any object of natural growth or terrain;
173 (b) Permanent or temporary construction or alteration,
174 including equipment or materials used and any permanent or
175 temporary apparatus; or
176 (c) Alteration of any permanent or temporary existing
177 structure by a change in the structure’s height, including
178 appurtenances, lateral dimensions, and equipment or materials
179 used in the structure.
180 (13)(8) “Person” means any individual, firm, copartnership,
181 corporation, company, association, joint-stock association, or
182 body politic, and includes any trustee, receiver, assignee, or
183 other similar representative thereof.
184 (14)(9) “Political subdivision” means the local government
185 of any county, municipality city, town, village, or other
186 subdivision or agency thereof, or any district or special
187 district, port commission, port authority, or other such agency
188 authorized to establish or operate airports in the state.
189 (15) “Public-use airport” means an airport, publicly or
190 privately owned, licensed by the state, which is open for use by
191 the public.
192 (16)(10) “Runway protection clear zone” means an area at
193 ground level beyond the runway end to enhance the safety and
194 protection of people and property on the ground a runway clear
195 zone as defined in 14 C.F.R. s. 151.9(b).
196 (17)(11) “Structure” means any object, constructed,
197 erected, altered, or installed by humans, including, but not
198 limited to without limitation thereof, buildings, towers,
199 smokestacks, utility poles, power generation equipment, and
200 overhead transmission lines.
201 (18) “Substantial modification” means any repair,
202 reconstruction, rehabilitation, or improvement of a structure
203 when the actual cost of the repair, reconstruction,
204 rehabilitation, or improvement of the structure equals or
205 exceeds 50 percent of the market value of the structure.
206 (12) “Tree” includes any plant of the vegetable kingdom.
207 Section 2. Section 333.025, Florida Statutes, is amended to
208 read:
209 333.025 Permit required for obstructions structures
210 exceeding federal obstruction standards.—
211 (1) A person proposing the construction or alteration In
212 order to prevent the erection of an obstruction must obtain a
213 permit from the department structures dangerous to air
214 navigation, subject to the provisions of subsections (2), (3),
215 and (4), each person shall secure from the Department of
216 Transportation a permit for the erection, alteration, or
217 modification of any structure the result of which would exceed
218 the federal obstruction standards as contained in 14 C.F.R. ss.
219 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
220 department of Transportation will be required only within an
221 airport hazard area where federal obstruction standards are
222 exceeded and if the proposed construction or alteration is
223 within a 10-nautical-mile radius of the airport reference point,
224 located at the approximate geometric geographical center of all
225 usable runways of a public-use airport or a publicly owned or
226 operated airport, a military airport, or an airport licensed by
227 the state for public use.
228 (2) Existing, planned, and proposed Affected airports will
229 be considered as having those facilities on public-use airports
230 contained in an which are shown on the airport master plan, in
231 or an airport layout plan submitted to the Federal Aviation
232 Administration, Airport District Office or in comparable
233 military documents shall, and will be so protected from airport
234 hazards. Planned or proposed public-use airports which are the
235 subject of a notice or proposal submitted to the Federal
236 Aviation Administration or to the Department of Transportation
237 shall also be protected.
238 (3) A permit is not required for existing structures that
239 requirements of subsection (1) shall not apply to projects which
240 received construction permits from the Federal Communications
241 Commission for structures exceeding federal obstruction
242 standards before prior to May 20, 1975, provided such structures
243 now exist; a permit is not required for nor shall it apply to
244 previously approved structures now existing, or any necessary
245 replacement or repairs to such existing structures if, so long
246 as the height and location are is unchanged.
247 (4) If When political subdivisions have, in compliance with
248 this chapter, adopted adequate airport airspace protection
249 zoning regulations, placed in compliance with s. 333.03, and
250 such regulations are on file with the department’s aviation
251 office, and established a permitting process Department of
252 Transportation, a permit for the construction or alteration of
253 an obstruction is such structure shall not be required from the
254 department of Transportation. Upon receipt of a complete permit
255 application, the local government shall provide a copy of the
256 application to the department’s aviation office by certified
257 mail, return receipt requested, or by a delivery service that
258 provides a receipt evidencing delivery. To evaluate technical
259 consistency with this subsection, the department shall have a
260 15-day review period following receipt of the application, which
261 must run concurrently with the local government permitting
262 process. Cranes, construction equipment, and other temporary
263 structures in use or in place for a period not to exceed 18
264 consecutive months are exempt from the department’s review,
265 unless such review is requested by the department.
266 (5) The department of Transportation shall, within 30 days
267 after of the receipt of an application for a permit, issue or
268 deny a permit for the construction or erection, alteration, or
269 modification of an obstruction any structure the result of which
270 would exceed federal obstruction standards as contained in 14
271 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
272 shall review permit applications in conformity with s. 120.60.
273 (6) In determining whether to issue or deny a permit, the
274 department shall consider:
275 (a) The safety of persons on the ground and in the air.
276 (b) The safe and efficient use of navigable airspace.
277 (c)(a) The nature of the terrain and height of existing
278 structures.
279 (b) Public and private interests and investments.
280 (d) The effect of the construction or alteration of an
281 obstruction on the state licensing standards for a public-use
282 airport contained in chapter 330 and rules adopted thereunder.
283 (e)(c) The character of existing and planned flight flying
284 operations and planned developments at public-use of airports.
285 (f)(d) Federal airways, visual flight rules, flyways and
286 corridors, and instrument approaches as designated by the
287 Federal Aviation Administration.
288 (g)(e) The effect of Whether the construction or alteration
289 of an obstruction on the proposed structure would cause an
290 increase in the minimum descent altitude or the decision height
291 at the affected airport.
292 (f) Technological advances.
293 (g) The safety of persons on the ground and in the air.
294 (h) Land use density.
295 (i) The safe and efficient use of navigable airspace.
296 (h)(j) The cumulative effects on navigable airspace of all
297 existing obstructions structures, proposed structures identified
298 in the applicable jurisdictions’ comprehensive plans, and all
299 other known proposed obstructions structures in the area.
300 (7) When issuing a permit under this section, the
301 department of Transportation shall, as a specific condition of
302 such permit, require the owner obstruction marking and lighting
303 of the obstruction to install, operate, and maintain, at the
304 owner’s expense, marking and lighting in conformance with the
305 specific standards established by the Federal Aviation
306 Administration permitted structure as provided in s.
307 333.07(3)(b).
308 (8) The department may of Transportation shall not approve
309 a permit for the construction or alteration erection of an
310 obstruction a structure unless the applicant submits both
311 documentation showing both compliance with the federal
312 requirement for notification of proposed construction or
313 alteration and a valid aeronautical study. A evaluation, and no
314 permit may not shall be approved solely on the basis that the
315 Federal Aviation Administration determined that the such
316 proposed construction or alteration of an obstruction was not an
317 airport hazard structure will not exceed federal obstruction
318 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
319 77.28, or 77.29, or any other federal aviation regulation.
320 (9) The denial of a permit under this section is subject to
321 administrative review pursuant to chapter 120.
322 Section 3. Section 333.03, Florida Statutes, is amended to
323 read:
324 333.03 Requirement Power to adopt airport protection zoning
325 regulations.—
326 (1)(a) In order to prevent the creation or establishment of
327 airport hazards, Every political subdivision having an airport
328 hazard area within its territorial limits shall, by October 1,
329 1977, adopt, administer, and enforce, under the police power and
330 in the manner and upon the conditions hereinafter prescribed in
331 this section, airport protection zoning regulations for such
332 airport hazard area.
333 (b) If where an airport is owned or controlled by a
334 political subdivision and any other political subdivision has
335 land underlying any of the surfaces of the airport and upon
336 which an obstruction may be constructed or altered under 14
337 C.F.R. part 77, subpart C, the political subdivisions airport
338 hazard area appertaining to such airport is located wholly or
339 partly outside the territorial limits of said political
340 subdivision, the political subdivision owning or controlling the
341 airport and the political subdivision within which the airport
342 hazard area is located, shall either:
343 1. By interlocal agreement, in accordance with the
344 provisions of chapter 163, adopt, administer, and enforce a set
345 of airport protection zoning regulations applicable to the
346 airport hazard area in question; or
347 2. By ordinance, regulation, or resolution duly adopted,
348 create a joint airport protection zoning board that, which board
349 shall have the same power to adopt, administer, and enforce a
350 set of airport protection zoning regulations applicable to the
351 airport hazard area in question as that vested in paragraph (a)
352 in the political subdivision within which such area is located.
353 The Each such joint airport protection zoning board shall have
354 as voting members two representatives appointed by each
355 participating political subdivision participating in its
356 creation and in addition a chair elected by a majority of the
357 members so appointed. However, The airport manager or a
358 representative of each airport in managers of the affected
359 participating political subdivisions shall serve on the board in
360 a nonvoting capacity.
361 (c) Airport protection zoning regulations adopted under
362 paragraph (a) must shall, at as a minimum, require:
363 1. A permit variance for the construction or erection,
364 alteration, or modification of any obstruction structure which
365 would cause the structure to exceed the federal obstruction
366 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
367 77.28, and 77.29;
368 2. Obstruction marking and lighting for obstructions
369 structures as specified in s. 333.07(3);
370 3. Documentation showing compliance with the federal
371 requirement for notification of proposed construction or
372 alteration of structures and a valid aeronautical study
373 evaluation submitted by each person applying for a permit
374 variance;
375 4. Consideration of the criteria in s. 333.025(6), when
376 determining whether to issue or deny a permit variance; and
377 5. That approval of a permit not be based no variance shall
378 be approved solely on the determination by the Federal Aviation
379 Administration basis that the such proposed structure is not an
380 airport hazard will not exceed federal obstruction standards as
381 contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
382 or any other federal aviation regulation.
383 (d) The department shall be available to provide assistance
384 to political subdivisions regarding federal obstruction
385 standards shall issue copies of the federal obstruction
386 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
387 77.28, and 77.29 to each political subdivision having airport
388 hazard areas and, in cooperation with political subdivisions,
389 shall issue appropriate airport zoning maps depicting within
390 each county the maximum allowable height of any structure or
391 tree. Material distributed pursuant to this subsection shall be
392 at no cost to authorized recipients.
393 (2) In the manner provided in subsection (1), political
394 subdivisions shall adopt, administer, and enforce interim
395 airport land use compatibility zoning regulations shall be
396 adopted. Airport land use compatibility zoning When political
397 subdivisions have adopted land development regulations shall, at
398 a minimum, in accordance with the provisions of chapter 163
399 which address the use of land in the manner consistent with the
400 provisions herein, adoption of airport land use compatibility
401 regulations pursuant to this subsection shall not be required.
402 Interim airport land use compatibility zoning regulations shall
403 consider the following:
404 (a) The prohibition of new landfills and the restriction of
405 existing landfills Whether sanitary landfills are located within
406 the following areas:
407 1. Within 10,000 feet from the nearest point of any runway
408 used or planned to be used by turbine turbojet or turboprop
409 aircraft.
410 2. Within 5,000 feet from the nearest point of any runway
411 used only by only nonturbine piston-type aircraft.
412 3. Outside the perimeters defined in subparagraphs 1. and
413 2., but still within the lateral limits of the civil airport
414 imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
415 Case-by-case review of such landfills is advised.
416 (b) Where Whether any landfill is located and constructed
417 in a manner so that it attracts or sustains hazardous bird
418 movements from feeding, water, or roosting areas into, or
419 across, the runways or approach and departure patterns of
420 aircraft. The landfill operator must political subdivision shall
421 request from the airport authority or other governing body
422 operating the airport a report on such bird feeding or roosting
423 areas that at the time of the request are known to the airport.
424 In preparing its report, the authority, or other governing body,
425 shall consider whether the landfill will incorporate bird
426 management techniques or other practices to minimize bird
427 hazards to airborne aircraft. The airport authority or other
428 governing body shall respond to the political subdivision no
429 later than 30 days after receipt of such request.
430 (c) Where an airport authority or other governing body
431 operating a publicly owned, public-use airport has conducted a
432 noise study in accordance with the provisions of 14 C.F.R. part
433 150, or where a public-use airport owner has established noise
434 contours pursuant to another public study approved by the
435 Federal Aviation Administration, the prohibition of incompatible
436 uses, as established in the noise study in 14 C.F.R. part 150,
437 Appendix A or as a part of an alternative Federal Aviation
438 Administration-approved public study, within the noise contours
439 established by any of these studies, except if such uses are
440 specifically contemplated by such study with appropriate
441 mitigation or similar techniques described in the study neither
442 residential construction nor any educational facility as defined
443 in chapter 1013, with the exception of aviation school
444 facilities, shall be permitted within the area contiguous to the
445 airport defined by an outer noise contour that is considered
446 incompatible with that type of construction by 14 C.F.R. part
447 150, Appendix A or an equivalent noise level as established by
448 other types of noise studies.
449 (d) Where an airport authority or other governing body
450 operating a publicly owned, public-use airport has not conducted
451 a noise study, the prohibition of neither residential
452 construction and nor any educational facility as defined in
453 chapter 1013, with the exception of aviation school facilities,
454 shall be permitted within an area contiguous to the airport
455 measuring one-half the length of the longest runway on either
456 side of and at the end of each runway centerline.
457 (e)(3) The restriction of In the manner provided in
458 subsection (1), airport zoning regulations shall be adopted
459 which restrict new incompatible uses, activities, or substantial
460 modifications to existing incompatible uses construction within
461 runway protection clear zones, including uses, activities, or
462 construction in runway clear zones which are incompatible with
463 normal airport operations or endanger public health, safety, and
464 welfare by resulting in congregations of people, emissions of
465 light or smoke, or attraction of birds. Such regulations shall
466 prohibit the construction of an educational facility of a public
467 or private school at either end of a runway of a publicly owned,
468 public-use airport within an area which extends 5 miles in a
469 direct line along the centerline of the runway, and which has a
470 width measuring one-half the length of the runway. Exceptions
471 approving construction of an educational facility within the
472 delineated area shall only be granted when the political
473 subdivision administering the zoning regulations makes specific
474 findings detailing how the public policy reasons for allowing
475 the construction outweigh health and safety concerns prohibiting
476 such a location.
477 (4) The procedures outlined in subsections (1), (2), and
478 (3) for the adoption of such regulations are supplemental to any
479 existing procedures utilized by political subdivisions in the
480 adoption of such regulations.
481 (3)(5) Political subdivisions shall provide The Department
482 of Transportation shall provide technical assistance to any
483 political subdivision requesting assistance in the preparation
484 of an airport zoning code. a copy of all local airport
485 protection zoning codes, rules, and regulations and airport land
486 use compatibility zoning regulations, and any related amendments
487 and proposed and granted variances thereto, to shall be filed
488 with the department’s aviation office within 30 days after
489 adoption department.
490 (4)(6) Nothing in Subsection (2) may not or subsection (3)
491 shall be construed to require the removal, alteration, sound
492 conditioning, or other change, or to interfere with the
493 continued use or adjacent expansion of any educational facility
494 structure or site in existence on July 1, 1993, or be construed
495 to prohibit the construction of any new structure for which a
496 site has been determined as provided in former s. 235.19, as of
497 July 1, 1993.
498 (5) This section does not prohibit an airport authority, a
499 political subdivision or its administrative agency, or any other
500 governing body operating a public-use airport from establishing
501 airport zoning regulations more restrictive than prescribed in
502 this section in order to protect the health, safety, and welfare
503 of the public in the air and on the ground.
504 Section 4. Section 333.04, Florida Statutes, is amended to
505 read:
506 333.04 Comprehensive zoning regulations; most stringent to
507 prevail where conflicts occur.—
508 (1) INCORPORATION.—In the event that a political
509 subdivision has adopted, or hereafter adopts, a comprehensive
510 plan or policy zoning ordinance regulating, among other things,
511 the height of buildings, structures, and natural objects, and
512 uses of property, any airport zoning regulations applicable to
513 the same area or portion thereof may be incorporated in and made
514 a part of such comprehensive plan or policy zoning regulations,
515 and be administered and enforced in connection therewith.
516 (2) CONFLICT.—In the event of conflict between any airport
517 zoning regulations adopted under this chapter and any other
518 regulations applicable to the same area, whether the conflict be
519 with respect to the height of structures or vegetation trees,
520 the use of land, or any other matter, and whether such
521 regulations were adopted by the political subdivision that which
522 adopted the airport zoning regulations or by some other
523 political subdivision, the more stringent limitation or
524 requirement shall govern and prevail.
525 Section 5. Section 333.05, Florida Statutes, is amended to
526 read:
527 333.05 Procedure for adoption of airport zoning
528 regulations.—
529 (1) NOTICE AND HEARING.—No Airport zoning regulations may
530 not shall be adopted, amended, or repealed changed under this
531 chapter except by action of the legislative body of the
532 political subdivision or affected subdivisions in question, or
533 the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
534 the political subdivisions bodies therein provided and set
535 forth, after a public hearing in relation thereto, at which
536 parties in interest and citizens shall have an opportunity to be
537 heard. Notice of the hearing shall be published at least once a
538 week for 2 consecutive weeks in a newspaper an official paper,
539 or a paper of general circulation, in the political subdivision
540 or subdivisions where in which are located the airport zoning
541 regulations are areas to be adopted, amended, or repealed zoned.
542 (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
543 zoning of any airport area under this chapter, the political
544 subdivision or joint airport zoning board that which is to
545 adopt, administer, and enforce the regulations must shall
546 appoint a commission, to be known as the airport zoning
547 commission, to recommend the boundaries of the various zones to
548 be established and the regulations to be adopted therefor. Such
549 commission shall make a preliminary report and hold public
550 hearings thereon before submitting its final report, and the
551 legislative body of the political subdivision or the joint
552 airport zoning board may shall not hold its public hearings or
553 take any action until it has received the final report of such
554 commission, and at least 15 days shall elapse between the
555 receipt of the final report of the commission and the hearing to
556 be held by the latter board. If Where a planning city plan
557 commission, an airport commission, or a comprehensive zoning
558 commission already exists, it may be appointed as the airport
559 zoning commission.
560 Section 6. Section 333.06, Florida Statutes, is amended to
561 read:
562 333.06 Airport zoning regulation requirements.—
563 (1) REASONABLENESS.—All airport zoning regulations adopted
564 under this chapter shall be reasonable and may not none shall
565 impose any requirement or restriction which is not reasonably
566 necessary to effectuate the purposes of this chapter. In
567 determining what regulations it may adopt, each political
568 subdivision and joint airport zoning board shall consider, among
569 other things, the character of the flying operations expected to
570 be conducted at the airport, the nature of the terrain within
571 the airport hazard area and runway protection clear zones, the
572 character of the neighborhood, the uses to which the property to
573 be zoned is put and adaptable, and the impact of any new use,
574 activity, or construction on the airport’s operating capability
575 and capacity.
576 (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
577 zoning regulations adopted under this chapter is to provide both
578 airspace protection and land uses use compatible with airport
579 operations. Each aspect of this purpose requires independent
580 justification in order to promote the public interest in safety,
581 health, and general welfare. Specifically, construction in a
582 runway protection clear zone which does not exceed airspace
583 height restrictions is not conclusive evidence per se that such
584 use, activity, or construction is compatible with airport
585 operations.
586 (3) NONCONFORMING USES.—An No airport protection zoning
587 regulation regulations adopted under this chapter may not shall
588 require the removal, lowering, or other change or alteration of
589 any obstruction structure or tree not conforming to the
590 regulation regulations when adopted or amended, or otherwise
591 interfere with the continuance of any nonconforming use, except
592 as provided in s. 333.07(1) and (3).
593 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
594 LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
595 each public-use publicly owned and operated airport licensed by
596 the department of Transportation under chapter 330. The
597 authorized entity having responsibility for governing the
598 operation of the airport, when either requesting from or
599 submitting to a state or federal governmental agency with
600 funding or approval jurisdiction a “finding of no significant
601 impact,” an environmental assessment, a site-selection study, an
602 airport master plan, or any amendment to an airport master plan,
603 shall submit simultaneously a copy of said request, submittal,
604 assessment, study, plan, or amendments by certified mail to all
605 affected local governments. As used in For the purposes of this
606 subsection, the term “affected local government” is defined as
607 any municipality city or county having jurisdiction over the
608 airport and any municipality city or county located within 2
609 miles of the boundaries of the land subject to the airport
610 master plan.
611 Section 7. Section 333.065, Florida Statutes, is repealed.
612 Section 8. Section 333.07, Florida Statutes, is amended to
613 read:
614 333.07 Local government permitting of airspace obstructions
615 Permits and variances.—
616 (1) PERMITS.—
617 (a) A person proposing to construct, alter, or allow an
618 airport obstruction in an airport hazard area in violation of
619 the airport protection zoning regulations adopted under this
620 chapter must apply for a permit. A Any airport zoning
621 regulations adopted under this chapter may require that a permit
622 be obtained before any new structure or use may be constructed
623 or established and before any existing use or structure may be
624 substantially changed or substantially altered or repaired. In
625 any event, however, all such regulations shall provide that
626 before any nonconforming structure or tree may be replaced,
627 substantially altered or repaired, rebuilt, allowed to grow
628 higher, or replanted, a permit must be secured from the
629 administrative agency authorized to administer and enforce the
630 regulations, authorizing such replacement, change, or repair. No
631 permit may not shall be issued if it granted that would allow
632 the establishment or creation of an airport hazard or if it
633 would permit a nonconforming obstruction structure or tree or
634 nonconforming use to be made or become higher or to become a
635 greater hazard to air navigation than it was when the applicable
636 airport protection zoning regulation was adopted which allowed
637 the establishment or creation of the obstruction, or than it is
638 when the application for a permit is made.
639 (b) If Whenever the political subdivision or its
640 administrative agency determines that a nonconforming
641 obstruction use or nonconforming structure or tree has been
642 abandoned or is more than 80 percent torn down, destroyed,
643 deteriorated, or decayed, a no permit may not shall be granted
644 if it that would allow the obstruction said structure or tree to
645 exceed the applicable height limit or otherwise deviate from the
646 airport protection zoning regulations.; and, Whether or not an
647 application is made for a permit under this subsection or not,
648 the said agency may by appropriate action, compel the owner of
649 the nonconforming obstruction may be required structure or tree,
650 at his or her own expense, to lower, remove, reconstruct, alter,
651 or equip such obstruction object as may be necessary to conform
652 to the current airport protection zoning regulations. If the
653 owner of the nonconforming obstruction neglects or refuses
654 structure or tree shall neglect or refuse to comply with such
655 requirement order for 10 days after notice thereof, the
656 administrative said agency may report the violation to the
657 political subdivision involved therein, which subdivision,
658 through its appropriate agency, may proceed to have the
659 obstruction object so lowered, removed, reconstructed, altered,
660 or equipped, and assess the cost and expense thereof upon the
661 owner of the obstruction object or the land whereon it is or was
662 located, and, unless such an assessment is paid within 90 days
663 from the service of notice thereof on the owner or the owner’s
664 agent, of such object or land, the sum shall be a lien on said
665 land, and shall bear interest thereafter at the rate of 6
666 percent per annum until paid, and shall be collected in the same
667 manner as taxes on real property are collected by said political
668 subdivision, or, at the option of said political subdivision,
669 said lien may be enforced in the manner provided for enforcement
670 of liens by chapter 85.
671 (c) Except as provided herein, applications for permits
672 shall be granted, provided the matter applied for meets the
673 provisions of this chapter and the regulations adopted and in
674 force hereunder.
675 (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
676 determining whether to issue or deny a permit, the political
677 subdivision or its administrative agency must consider the
678 following, as applicable:
679 (a) The safety of persons on the ground and in the air.
680 (b) The safe and efficient use of navigable airspace.
681 (c) The nature of the terrain and height of existing
682 structures.
683 (d) The effect of the construction or alteration on the
684 state licensing standards for a public-use airport contained in
685 chapter 330 and rules adopted thereunder.
686 (e) The character of existing and planned flight operations
687 and developments at public-use airports.
688 (f) Federal airways, visual flight rules, flyways and
689 corridors, and instrument approaches as designated by the
690 Federal Aviation Administration.
691 (g) The effect of the construction or alteration of the
692 proposed structure on the minimum descent altitude or the
693 decision height at the affected airport.
694 (h) The cumulative effects on navigable airspace of all
695 existing structures and all other known proposed structures in
696 the area.
697 (i) Additional requirements adopted by the political
698 subdivision or administrative agency pertinent to evaluation and
699 protection of airspace and airport operations.
700 (2) VARIANCES.—
701 (a) Any person desiring to erect any structure, increase
702 the height of any structure, permit the growth of any tree, or
703 otherwise use his or her property in violation of the airport
704 zoning regulations adopted under this chapter or any land
705 development regulation adopted pursuant to the provisions of
706 chapter 163 pertaining to airport land use compatibility, may
707 apply to the board of adjustment for a variance from the zoning
708 regulations in question. At the time of filing the application,
709 the applicant shall forward to the department by certified mail,
710 return receipt requested, a copy of the application. The
711 department shall have 45 days from receipt of the application to
712 comment and to provide its comments or waiver of that right to
713 the applicant and the board of adjustment. The department shall
714 include its explanation for any objections stated in its
715 comments. If the department fails to provide its comments within
716 45 days of receipt of the application, its right to comment is
717 waived. The board of adjustment may proceed with its
718 consideration of the application only upon the receipt of the
719 department’s comments or waiver of that right as demonstrated by
720 the filing of a copy of the return receipt with the board.
721 Noncompliance with this section shall be grounds to appeal
722 pursuant to s. 333.08 and to apply for judicial relief pursuant
723 to s. 333.11. Such variances may only be allowed where a literal
724 application or enforcement of the regulations would result in
725 practical difficulty or unnecessary hardship and where the
726 relief granted would not be contrary to the public interest but
727 would do substantial justice and be in accordance with the
728 spirit of the regulations and this chapter. However, any
729 variance may be allowed subject to any reasonable conditions
730 that the board of adjustment may deem necessary to effectuate
731 the purposes of this chapter.
732 (b) The Department of Transportation shall have the
733 authority to appeal any variance granted under this chapter
734 pursuant to s. 333.08, and to apply for judicial relief pursuant
735 to s. 333.11.
736 (3) OBSTRUCTION MARKING AND LIGHTING.—
737 (a) In issuing a granting any permit or variance under this
738 section, the political subdivision or its administrative agency
739 or board of adjustment shall require the owner of the
740 obstruction structure or tree in question to install, operate,
741 and maintain thereon, at his or her own expense, such marking
742 and lighting in conformance with the specific standards
743 established by the Federal Aviation Administration as may be
744 necessary to indicate to aircraft pilots the presence of an
745 obstruction.
746 (b) Such marking and lighting shall conform to the specific
747 standards established by rule by the Department of
748 Transportation.
749 (c) Existing structures not in compliance on October 1,
750 1988, shall be required to comply whenever the existing marking
751 requires refurbishment, whenever the existing lighting requires
752 replacement, or within 5 years of October 1, 1988, whichever
753 occurs first.
754 Section 9. Section 333.08, Florida Statutes, is repealed.
755 Section 10. Section 333.09, Florida Statutes, is amended to
756 read:
757 333.09 Administration of airport protection zoning
758 regulations.—
759 (1) ADMINISTRATION.—All airport protection zoning
760 regulations adopted under this chapter shall provide for the
761 administration and enforcement of such regulations by the
762 political subdivision or its administrative agency an
763 administrative agency which may be an agency created by such
764 regulations or any official, board, or other existing agency of
765 the political subdivision adopting the regulations or of one of
766 the political subdivisions which participated in the creation of
767 the joint airport zoning board adopting the regulations, if
768 satisfactory to that political subdivision, but in no case shall
769 such administrative agency be or include any member of the board
770 of adjustment. The duties of any administrative agency
771 designated pursuant to this chapter must shall include that of
772 hearing and deciding all permits under s. 333.07 s. 333.07(1),
773 deciding all matters under s. 333.07(3), as they pertain to such
774 agency, and all other matters under this chapter applying to
775 said agency, but such agency shall not have or exercise any of
776 the powers herein delegated to the board of adjustment.
777 (2) LOCAL GOVERNMENT PROCESS.—
778 (a) A political subdivision required to adopt airport
779 zoning regulations under this chapter shall provide a process
780 to:
781 1. Issue or deny permits consistent with s. 333.07.
782 2. Provide the department with a copy of a complete
783 application consistent with s. 333.025(4).
784 3. Enforce the issuance or denial of a permit or other
785 determination made by the administrative agency with respect to
786 airport zoning regulations.
787 (b) If a zoning board or permitting body already exists
788 within a political subdivision, the zoning board or permitting
789 body may implement the airport zoning regulation permitting and
790 appeals processes.
791 (3) APPEALS.—
792 (a) A person, a political subdivision or its administrative
793 agency, or a joint airport zoning board that contends a decision
794 made by a political subdivision or its administrative agency is
795 an improper application of airport zoning regulations may use
796 the process established for an appeal.
797 (b) All appeals taken under this section must be taken
798 within a reasonable time, as provided by the political
799 subdivision or its administrative agency, by filing with the
800 entity from which the appeal is taken a notice of appeal
801 specifying the grounds for appeal.
802 (c) An appeal shall stay all proceedings in the underlying
803 action appealed from, unless the entity from which the appeal is
804 taken certifies pursuant to the rules for appeal that by reason
805 of the facts stated in the certificate a stay would, in its
806 opinion, cause imminent peril to life or property. In such
807 cases, proceedings may not be stayed except by order of the
808 political subdivision or its administrative agency on notice to
809 the entity from which the appeal is taken and for good cause
810 shown.
811 (d) The political subdivision or its administrative agency
812 shall set a reasonable time for the hearing of appeals, give
813 public notice and due notice to the parties in interest, and
814 decide the same within a reasonable time. Upon the hearing, any
815 party may appear in person, by agent, or by attorney.
816 (e) The political subdivision or its administrative agency
817 may, in conformity with this chapter, affirm, reverse, or modify
818 the decision on the permit or other determination from which the
819 appeal is taken.
820 Section 11. Section 333.10, Florida Statutes, is repealed.
821 Section 12. Section 333.11, Florida Statutes, is amended to
822 read:
823 333.11 Judicial review.—
824 (1) Any person, aggrieved, or taxpayer affected, by any
825 decision of a board of adjustment, or any governing body of a
826 political subdivision, or the Department of Transportation or
827 any joint airport zoning board affected by a decision of a
828 political subdivision, or its of any administrative agency
829 hereunder, may apply for judicial relief to the circuit court in
830 the judicial circuit where the political subdivision board of
831 adjustment is located within 30 days after rendition of the
832 decision by the board of adjustment. Review shall be by petition
833 for writ of certiorari, which shall be governed by the Florida
834 Rules of Appellate Procedure.
835 (2) Upon presentation of such petition to the court, it may
836 allow a writ of certiorari, directed to the board of adjustment,
837 to review such decision of the board. The allowance of the writ
838 shall not stay the proceedings upon the decision appealed from,
839 but the court may, on application, on notice to the board, on
840 due hearing and due cause shown, grant a restraining order.
841 (3) The board of adjustment shall not be required to return
842 the original papers acted upon by it, but it shall be sufficient
843 to return certified or sworn copies thereof or of such portions
844 thereof as may be called for by the writ. The return shall
845 concisely set forth such other facts as may be pertinent and
846 material to show the grounds of the decision appealed from and
847 shall be verified.
848 (2)(4) The court has shall have exclusive jurisdiction to
849 affirm, reverse, or modify, or set aside the decision on the
850 permit or other determination from which the appeal is taken
851 brought up for review, in whole or in part, and, if appropriate
852 need be, to order further proceedings by the political
853 subdivision or its administrative agency board of adjustment.
854 The findings of fact by the political subdivision or its
855 administrative agency board, if supported by substantial
856 evidence, shall be accepted by the court as conclusive, and an
857 no objection to a decision of the political subdivision or its
858 administrative agency may not board shall be considered by the
859 court unless such objection was raised in the underlying
860 proceeding shall have been urged before the board, or, if it was
861 not so urged, unless there were reasonable grounds for failure
862 to do so.
863 (3)(5) If In any case in which airport zoning regulations
864 adopted under this chapter, although generally reasonable, are
865 held by a court to interfere with the use and enjoyment of a
866 particular structure or parcel of land to such an extent, or to
867 be so onerous in their application to such a structure or parcel
868 of land, as to constitute a taking or deprivation of that
869 property in violation of the State Constitution or the
870 Constitution of the United States, such holding shall not affect
871 the application of such regulations to other structures and
872 parcels of land, or such regulations as are not involved in the
873 particular decision.
874 (4)(6) A judicial No appeal to any court may not shall be
875 or is permitted under this section until the appellant has
876 exhausted all of its remedies through application for local
877 government permits, exceptions, and appeals, to any courts, as
878 herein provided, save and except an appeal from a decision of
879 the board of adjustment, the appeal herein provided being from
880 such final decision of such board only, the appellant being
881 hereby required to exhaust his or her remedies hereunder of
882 application for permits, exceptions and variances, and appeal to
883 the board of adjustment, and gaining a determination by said
884 board, before being permitted to appeal to the court hereunder.
885 Section 13. Section 333.12, Florida Statutes, is amended to
886 read:
887 333.12 Acquisition of air rights.—If In any case which: it
888 is desired to remove, lower or otherwise terminate a
889 nonconforming obstruction is determined to be an airport hazard
890 and the owner will not remove, lower, or otherwise eliminate it
891 structure or use; or the approach protection necessary cannot,
892 because of constitutional limitations, be provided by airport
893 zoning regulations under this chapter; or it appears advisable
894 that the necessary approach protection be provided by
895 acquisition of property rights rather than by airport zoning
896 regulations, the political subdivision within which the property
897 or nonconforming obstruction use is located, or the political
898 subdivision owning or operating the airport or being served by
899 it, may acquire, by purchase, grant, or condemnation in the
900 manner provided by chapter 73, such property, air right,
901 avigation navigation easement, or other estate, portion, or
902 interest in the property or nonconforming obstruction structure
903 or use or such interest in the air above such property, tree,
904 structure, or use, in question, as may be necessary to
905 effectuate the purposes of this chapter, and in so doing, if by
906 condemnation, to have the right to take immediate possession of
907 the property, interest in property, air right, or other right
908 sought to be condemned, at the time, and in the manner and form,
909 and as authorized by chapter 74. In the case of the purchase of
910 any property, or any easement, or estate or interest therein or
911 the acquisition of the same by the power of eminent domain, the
912 political subdivision making such purchase or exercising such
913 power shall, in addition to the damages for the taking, injury,
914 or destruction of property, also pay the cost of the removal and
915 relocation of any structure or any public utility that which is
916 required to be moved to a new location.
917 Section 14. Section 333.13, Florida Statutes, is amended to
918 read:
919 333.13 Enforcement and remedies.—
920 (1) Each violation of this chapter or of any airport zoning
921 regulations, orders, or rulings adopted promulgated or made
922 pursuant to this chapter shall constitute a misdemeanor of the
923 second degree, punishable as provided in s. 775.082 or s.
924 775.083, and each day a violation continues to exist shall
925 constitute a separate offense.
926 (2) In addition, the political subdivision or agency
927 adopting the airport zoning regulations under this chapter may
928 institute in any court of competent jurisdiction an action to
929 prevent, restrain, correct, or abate any violation of this
930 chapter or of airport zoning regulations adopted under this
931 chapter or of any order or ruling made in connection with their
932 administration or enforcement, and the court shall adjudge to
933 the plaintiff such relief, by way of injunction, (which may be
934 mandatory,) or otherwise, as may be proper under all the facts
935 and circumstances of the case in order to fully effectuate the
936 purposes of this chapter and of the regulations adopted and
937 orders and rulings made pursuant thereto.
938 (3) The department of Transportation may institute a civil
939 action for injunctive relief in the appropriate circuit court to
940 prevent violation of any provision of this chapter.
941 Section 15. Section 333.135, Florida Statutes, is created
942 to read:
943 333.135 Transition provisions.—
944 (1) Any airport zoning regulation in effect on July 1,
945 2016, which includes provisions in conflict with this chapter
946 shall be amended to conform to the requirements of this chapter
947 by July 1, 2017.
948 (2) Any political subdivision having an airport within its
949 territorial limits which has not adopted airport zoning
950 regulations shall, by July 1, 2017, adopt airport zoning
951 regulations consistent with this chapter.
952 (3) For those political subdivisions that have not yet
953 adopted airport zoning regulations pursuant to this chapter, the
954 department shall administer the permitting process as provided
955 in s. 333.025.
956 Section 16. Section 333.14, Florida Statutes, is repealed.
957 Section 17. This act shall take effect July 1, 2016.
